Utah Amends Provisions Regarding Anti-Discrimination and Fair Housing Acts
By Matthew Dailey, J.D.
The state of Utah amended multiple provisions regarding the state Anti-Discrimination and Fair Housing Acts. Senate Bill 296 modifies definition provisions related to employment and housing discrimination, including defining “employer,” “gender identity,” and “sexual orientation.” The bill also added sexual orientation and gender identity under prohibited discrimination provisions regarding residential real estate-related transactions. This bill is effective on May 11.
Utah revised 34A-5-102 to include a detailed description of “gender identity.” This is defined as having the meaning provided in the Diagnostic and Statistical Manual (DSM-5). A person’s gender identity can be shown by providing evidence, including, but not limited to, medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender identity, or other evidence that the gender identity is sincerely held, part of a person’s core identity, and not being asserted for an improper purpose.
Another section that is impacted is 34A-5-102. Senate Bill 296 makes it clear that this chapter supersedes and preempts any other ordinance or legal action taken by local or state entity in regards to discrimination. However, there is no new protected class created by this bill.
Religious liberty projections are greatly affected by this bill. Employees are allowed to express their beliefs in the workplace in a reasonable, non-disruptive way. They cannot be prohibited from working at a place of business due to convictions about religion, marriage, or sexuality unless in direct conflict with essential interests of the employer. Further, employers must give reasonable accommodations based on gender identity to all employees.
57-21-6 deals with discriminatory housing practices regarding residential real estate-related transactions. The bill states that it is a discriminatory housing practice for a person engaging in a real estate transaction to place terms or conditions in a transaction focusing on sexual orientation or gender identity. It is also discriminatory housing practice to deny access or participation in an MLS or broker organization because of race, color, religion, sexual orientation or gender identity.
Matthew Dailey, J.D. is Regulatory Compliance Consultant at Bankers Advisory. He is a graduate of Stonehill College and earned his Juris Doctor at the New England School of Law. Mathew is admitted to the Bar in Massachusetts. He can be reached at Matthew@bankersadvisory.com
Anna DeSimone founded Bankers Advisory in 1986 and is a nationally recognized authority in residential mortgage lending. She has received numerous industry awards and has authored more than 40 best practices guides and hundreds of articles.
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